Published: August 14, 2025
Have you exceeded your permitted period of stay in the US? Remaining past your permitted admission period constitutes overstaying. US immigration authorities will consider you to be unlawfully present when you overstay the date by which you’re required to depart the country.
In this post, we’ll walk you through the possibilities when marrying a US citizen after overstaying your visa and what it means for your immigration status.
Legal Implications of Overstaying Your Visa
Under the Immigration and Nationality Act (INA) 222(g), your nonimmigrant visa is automatically voided when you remain in the US longer than permitted. You’re considered to be out of status when you are overstaying your visa.
That means you can no longer use the voided visa to re-enter the US. You won’t also qualify for a new visa unless you satisfy the necessary conditions specified under Section 41.101 of Title 22 of the Code of Federal Regulations.
It’s worth noting that the duration of unlawful presence can affect whether overstaying your visa will make you inadmissible to the country. You can either be subject to a three-or ten-year bar, even if you’re physically present in the country during the overstay.
Unless you have an approved waiver, the three-or ten-year bar will continue to prevent you from adjusting your status, getting a US visa, or returning to the US.
How Marriage to a US Citizen Affects Your Status After a Visa Overstay
US immigration laws place a high priority on reuniting families. Because of this, the system grants the immediate relatives of US citizens a simplified path to immigrating. In particular, some immediate relative categories are exempt from certain bars to adjusting status. Suppose you’re married to a US citizen. You can be eligible for an adjustment of status even after remaining in the country beyond the duration of your visa.
Considering that, marrying a US citizen can be a pathway to waive certain bars to adjustment of status. However, adjusting your status to a marriage-based green card is only possible if you can demonstrate that your relationship is legitimate. That means you didn’t enter the country intending to marry a US citizen for immigration purposes.
Your adjustment of status application may be denied if you entered the US on a nonimmigrant visa with the prior intent to immigrate permanently. Immigration authorities will consider that preconceived intent as fraud or misrepresentation.
Moreover, it’s not possible to adjust your status if you enter the US on a K-1 fiancé visa and don’t marry the US citizen who petitioned you. In that case, you must leave the US first and have a new Petition for Alien Relative filed on your behalf if you plan to marry a different US citizen.
Resolve Your Immigration Concerns With ALG Lawyers
Marrying a US citizen opens a route for foreign nationals to preserve their immigration status and adjust it to permanent residency. However, it does not automatically clear the consequences of overstaying a US visa.
In this case, proper timing and a clear understanding of your eligibility are crucial for maximizing your chances of success. Our team at ALG Lawyers is here to provide you with the right legal strategy. Contact our firm to resolve your immigration concerns.
FAQs on Does Marriage to a US Citizen Waive a Visa Overstay?
Is it required to exit the US to secure a green card after a visa overstay?
Adjusting your status allows you to secure a green card without having to leave the US. Unfortunately, not everyone who has overstayed a visa qualifies to adjust their status, depending on the length of unlawful presence and other factors of your case. In most situations, immediate relatives of US citizens are given specific exemptions from the numerous bars to adjustment of status.
How can you secure a waiver to become admissible in the US?
Overstayers commonly face the barrier of inadmissibility due to unlawful presence when applying for lawful permanent residency. In such cases, you can file a petition for waiver to overcome that inadmissibility. Below are some actions you can take.
- Determine whether you qualify for the Application for Waiver of Grounds of Inadmissibility or Provisional Waiver of Unlawful Presence.
- Prepare documentation to substantiate the claim of extreme hardship, which is a requirement for both waivers. Some pieces of evidence you can include are financial records, affidavits from family members, and medical records.
- Suppose you’re adjusting your status inside the US. Obtain the Provisional Waiver of Unlawful Presence before exiting the US to undergo consular processing overseas.
- On the other hand, submit your Application for Waiver of Grounds of Inadmissibility if you’re filing from abroad during consular processing.
- Start your green card application after acquiring an approved waiver. Or appeal the decision or explore other immigration pathways if your waiver is denied.
- Attend the scheduled interview at the US embassy or consulate in your home country.
What to consider before marrying a US citizen after an overstayed visa?
When marrying a US citizen after overstaying your visa, it’s essential to be mindful of the following considerations:
- Marriage doesn’t automatically waive the consequences of overstaying your US visa.
- Secure the appropriate waiver to overcome bars to admissibility caused by unlawful presence.
- Ensure that the marriage is legitimate and not intended for immigration purposes.
- Overstaying your visa increases the risk of deportation or being subject to removal proceedings if you lack legal guidance.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)